Legal Question in Construction Law in New Jersey

Re: Contract Breach /Changes

Just like the permit says, the contractor is not entitled to final payment until the work is COMPLETED. This is the law under the Home Improvement Regulations under the New Jersey Consumer Fraud Act. If you have damages as the result of the contractor, then you may be entitled to have those damages tripled and recoup your attorney's fees. Consult an attorney experienced in the New Jersey Consumer Fraud Act.

Re: Contract Breach /Changes

You do not say if there is as date given in the contract for completion, or if it states it will be completed in 'x' days after getting permits. In the future, make sure your contracts have a completion date in them.

That said, the delay seems unreasonable. Another issue is the quality of the work. Have at least 2 contractors look at the work, and give you an estimate to complete the work. Then, and this is IMPORTANT, send a letter to the contractor doing the work, spell out the chronology, your efforts to get them to perform, the work that needs to still be done, and the problems with the work already done. I USUALLY recommend giving them a date to come in and repair the work already done, and complete the remaining work in a "good and workmanlike manner". Tell them that they will NOT recieve the $1,000 BALANCE of ALL monies due to them until the work is completed and inspected. All this is important in the event you need to go to court. If they do not dispute your letter in writing, including the $1,000 BALANCE due, they will be at a great disadvantage in court.

The estimates are important. Finding another hopefully friendly builder that can be subpoenaed for court is important (assuming he will say some of the work was unacceptable). If you have estimates for the work, you can still do it yourself.

Phone calls and face to face conversations are NOT enough. Write letters. Send them via fax and mail. If they are important, like this letter, send them regular mail and return reciept mail. If you do not like certain work done, tell your local inspector. They usually act to protect the consumer, even if he approved part of the construction, he can still recind and fail any portion of the construction.

In the future, WRITE LETTERS, and/or call an atty early. It's amazing how quickly things can be fixed with a little early intervention from an atty. I will caution you to be sure you have an atty who knows you want the job completed, that will assess the contractor and use only the 'force' necessary to get them to get the work done early and properly. Most contractors do not react well to threats. they tend to be tough and independent 'in your face' types, but they usually will respond OK to the proper approach.

I see you are in the Brick area. I'm not sure who to recommend that is close to you, but I'm only about 45 min. away if you get decide you need a construction atty.

Good luck.

Kevin J. Begley